Policy Implementation, legal framework and prosecution

Slovenia has signed The Single Convention on Narcotic Drugs from 1961

(Official gazette SFRJ 2/64, 3/78), The Convention on Psychotropic Substances from 1972 (Official gazette SFRJ 40/73) and The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances from 1988.

All of them were adopted in the Act on Succession - (Official gazette RS 9/92).

These and the recommendations of the Legal Advisory Programme at the United Nations International Narcotic Board (Mr. Bernard Leroy, UNDCP Legal Adviser) formed the basis for creating new drug legislation in Slovenia. Three new Acts were adopted.

1. The Act on production of and trade in narcotic drugs and psychotropic substances (Official gazette RS 108/99, 44/00)

This Act shall set out the conditions under which the production of and trade in illicit drugs are permitted, and the possession of illicit drugs.

Illicit drugs shall be deemed to be plants and substances of natural or synthetic origin which have psychotropic effects and which can influence a person’s physical or mental health or threaten a person’s appropriate social status, and which are defined in the list referred to in the third paragraph of this article.

The production of illicit drugs shall be deemed to be all procedures in which

For the purpose of this Act, trade in illicit drugs shall be deemed to be the import, export, transit and sale of illicit drugs and any other method of releasing illicit drugs into circulation.

The possession of illicit drugs shall be prohibited, except under conditions specified in Articles 7 and 19 of this Act.

The production of illicit drugs may be performed on the basis of a licence obtained from the minister responsible for health.

Opium poppy (Papaver Somniferum) and cannabis (Cannabis Sativa l.) may be cultivated solely for food or industrial purposes on the basis of a licence issued by the ministry responsible for agriculture.

Illicit drugs may be released into circulation exclusively on the basis of a licence issued by the minister.

Applications for the issuing of a licence for trade in illicit drugs shall be submitted to the ministry responsible for health.

The act is being implemented by regulations to be prepared by the Ministry of Health and other responsible ministries.

The List of Illicit Drugs Decree (Official gazette RS 49/00, 8/01, 49/01).

• The Regulation on Terms and Proceedings to Issue Permissions for the Export and Import of Drugs (Official gazette 8/02).

The Regulation on Evidences and Reports on Drug Production and Trade and Terms of Data Reporting is being prepared by the Ministry of Health and Degree on bookkeeping and health inspection.

In addition, licit drugs are partly regulated by the Medicinal Products Act (Official gazette 101/99).

2. The Act on prevention of drug consumption and treatment of drug addicts (Official gazette 98/99).

In this unique act the addiction and the measures for the primary, secondary and tertiary prevention, treatment of drug misuse and rehabilitation and social reintegration are defined. The law also defines the harm reduction measures.

Activities and responsibilities of state and establishment of coordinating body at the governmental level are specified.

In this act Inter ministerial Committee is defined and The Governmental Office for Drugs.

The Commission of the Government of the Republic of Slovenia for Drugs shall promote and coordinate the governmental policy and programmes for the

prevention of illicit drugs consumption, reduction in illicit drug demand, reduction in harm caused by the use of illicit drugs, treatment and rehabilitation.

In addition the Commission of the Government of the Republic of Slovenia for Drugs shall perform the following tasks:

− monitor the implementation of the provisions of conventions issued by international bodies and international organisations;

− submit to the Government of the Republic of Slovenia the proposed National Programme and measures for the implementation of the National Programme;

− propose measures to reduce illicit drug supply;

− ensure international cooperation.

The Information System has its legal basis in this law.

Monitoring of the consumption of illicit drugs is carried out in the form of the collection, arrangement, processing and providing of information on illicit drugs, consumers of illicit drugs and consequences of the use of illicit drugs. The purpose is to ensure a national information network, interdepartmentally coordinated collection of data and an informational exchange on the national and international levels.

The activities specified in the preceding paragraph shall be carried out by the competent ministries, public institutions and non-governmental organisations.

The competent minister shall set out the method of monitoring in the working areas of individual ministries in more detail.

Monitoring of the consumption of illicit drugs shall be carried out pursuant to the provisions that govern collections of data in the area of health and in

accordance with the act that governs the protection of personal data.

For the implementation of the activities specified in the first paragraph of this article, the ministry responsible for health shall organise an illicit drug

information unit.

The information unit referred to in the preceding paragraph shall include all competent ministries, public institutions and non-governmental organisations, along with the collections of data in the available area of illicit drugs.

According to this act two degrees were adopted:

• Degree on establishing and performing of Coordination of Centres for the Prevention and Treatment of Drug Addiction (Official gazette 43/00)

• Degree on establishing and performing Supervision Commission (Official gazette 43/00)

3. Precursors for Illicit Drugs Act (Official gazette 22/00)

The actregulates in details the monitoring of export and import and partially the

persons dealing with precursors were defined; the procedure for issuing

licenses and procedure for export/import precursors scheduled to categories 1, 2 and 3 were arranged; special control measures were applied for export to sensitive; the recording and reporting, inspection and penal measures were regulated.

Degrees are:

Decision on the list of precursors (Official gazette 94/2000)

Decision on the quantities of precursors which may be exported without permission (Official gazette 94/2000)

Decision on the list of precursors and states for applying special measures in exports (Official gazette 94/2000)

b) Prosecution policy, priorities and objectives in relation to drug addicts, occasional users, drug related crime

1. Penal Code

According to the Penal Code of the Republic of Slovenia (Official gazette RS 63/94 - paragraph 196 and 197) illegal production of and trade in narcotic drugs and psychotropic substances and facilitation of illegal drugs use are defined as criminal acts.

The possession of illegal drugs being recognised as for a personal use only is not considered criminal act but an offence according to the Act on Production and Traffic of Narcotics (Official gazette 108/99).

The compulsory treatment for addicted on alcohol and drugs is defined in the paragraph 66 of the Penal Code. A person who committed criminal act owing to his/hers alcohol or drug addiction may be sentenced to compulsory treatment.

Treatment may take place in prison or in treatment institution. In a case of conditional sentence, the judge may consider doers readiness for treatment and permits treatment from liberty.

Compulsory treatment for alcohol and drug addicts is discussed in the Penal Code (Official gazette RS 17/78, paragraphs 162,163,164 and 165).

New substances under control in the reporting year directives

GHB was classified to the list of illicit drugs according to the List of Illicit Drugs Decree in 2002 (Official gazette RS 49/01).

c) Any other important project of law or other initiative with political relevance to drug related issues

Since 1999 the Governmental office for Drugs are preparing the National Drug Strategy and National Action Plan among different sectors. They will be

launched to the parliament procedure in 2002.

All degrees on the basis of law on drugs are in a phase of preparation.